eb_retrogession
01-07 05:12 PM
Added to the above Senator Arlen Specter's bill is a good bill:
Sen. Arlen Specter (R-Pa.) Introduces Largest Immigration Increase in U.S. History
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Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) needed the assistance of the White House in early 2005 to overcome opposition within his own party to his chairmanship. In late November, Specter repaid the Bush Administration by unveiling draft legislation that would bring about a massive increase in government- mandated immigration to the U.S.
President Bush, in his immigration address on November 28, pledged to work for an increase in the number of green cards issued each year and stated his intent to work with Sen. Specter to bring it about. Specter�s draft legislation would send government mandated immigration levels into the 2 million-a-year range.
Under Specter�s draft legislation, the cap on family-preference immigration would be increased by 254,000 visas annually and hundreds of thousands of additional relatives would be exempted from annual limits. In addition, Specter proposes raising the cap on employment-based immigration by 150,000 a year, and allocating any unused visas to other preference categories.
If enacted, Specter�s legislation would mandate the largest increase in immigration in this nation�s history. Moreover, according to FAIR�s analysis, such legislation would fuel the demand for still higher levels of immigration as more extended family members line up to follow an ever-growing number of immigrants streaming into our country.
1/06
Do you know if there is a bill number and a section associated with Specter's proposal?
Sen. Arlen Specter (R-Pa.) Introduces Largest Immigration Increase in U.S. History
Printer-Friendly Version
Send this article to a friend!
Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) needed the assistance of the White House in early 2005 to overcome opposition within his own party to his chairmanship. In late November, Specter repaid the Bush Administration by unveiling draft legislation that would bring about a massive increase in government- mandated immigration to the U.S.
President Bush, in his immigration address on November 28, pledged to work for an increase in the number of green cards issued each year and stated his intent to work with Sen. Specter to bring it about. Specter�s draft legislation would send government mandated immigration levels into the 2 million-a-year range.
Under Specter�s draft legislation, the cap on family-preference immigration would be increased by 254,000 visas annually and hundreds of thousands of additional relatives would be exempted from annual limits. In addition, Specter proposes raising the cap on employment-based immigration by 150,000 a year, and allocating any unused visas to other preference categories.
If enacted, Specter�s legislation would mandate the largest increase in immigration in this nation�s history. Moreover, according to FAIR�s analysis, such legislation would fuel the demand for still higher levels of immigration as more extended family members line up to follow an ever-growing number of immigrants streaming into our country.
1/06
Do you know if there is a bill number and a section associated with Specter's proposal?
wallpaper NEWS: Big Sean “Finally
ras
01-09 07:50 AM
And also his daughters Jenna and Barbara :)
Tell them little more about ur degrees, achievements, personality and physical appearance too. May be they get impressed and recommend to their father...;)
Tell them little more about ur degrees, achievements, personality and physical appearance too. May be they get impressed and recommend to their father...;)
ras
08-08 10:06 AM
Good job analysing this particular issue. Appreciate ur patience in sharing with others.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
2011 new album Finally Famous:
gc_on_demand
09-15 09:20 AM
We should do 3 things for HR 5882 before end of this session.
(1) Call Full Committee and Local Lawmakers.
(2) Send Emails
(3) Send Letter And/Or Posters
These tasks are in priority order becasue we have short time and later one can take more time. So lets call which is real time. Emails are may be 1-2 days delay . And Letter and posters are 7-10 days delay.
Please call ASAP.
GO IV GO. In rememberence of Sep rally we should make Sep 18th as CALL DAY..
(1) Call Full Committee and Local Lawmakers.
(2) Send Emails
(3) Send Letter And/Or Posters
These tasks are in priority order becasue we have short time and later one can take more time. So lets call which is real time. Emails are may be 1-2 days delay . And Letter and posters are 7-10 days delay.
Please call ASAP.
GO IV GO. In rememberence of Sep rally we should make Sep 18th as CALL DAY..
more...
snathan
03-30 05:43 PM
If USCIS is providing spillover visas to EB2 in May, shouldn't the PDs of China and India (countries with most demand) have the same PDs in May VB? Doesn't this also mean that in the worst case the PD of EB2 India will be Jul 22 2006 (the current PD of China) in May VB?
-CinBoy
First they will move India to July 22 2006, if there are more visa numbers both I/C will move togather.
-CinBoy
First they will move India to July 22 2006, if there are more visa numbers both I/C will move togather.
Libra
01-12 02:00 PM
Please cast vote on the tracker thread.
Just mailed letter to President and a copy to Immivoice.
Just mailed letter to President and a copy to Immivoice.
more...
singhsa3
11-04 11:15 AM
I think the question though genuine and points to the fundamental flaw in the system but is irrelevant to the point of discussion here.
The whole point is that the incentive for porting has been taken away by making computer information manger a Job Zone 4. In addition, additional scrutny will weed out any fraud.
I need to read up on the new zones implementation.
But if you may, please answer this question: If one wants to change jobs within the same company to a new job that falls in the same zone as his current one, can he do that without a new LCA?
The new job is in the same building/region; just some additional responsibility and would be in a different group than the present one.
The whole point is that the incentive for porting has been taken away by making computer information manger a Job Zone 4. In addition, additional scrutny will weed out any fraud.
I need to read up on the new zones implementation.
But if you may, please answer this question: If one wants to change jobs within the same company to a new job that falls in the same zone as his current one, can he do that without a new LCA?
The new job is in the same building/region; just some additional responsibility and would be in a different group than the present one.
2010 images Big Sean Finally Famous
jchan
08-07 11:03 AM
As a US Educated Master and originally EB2 filer. I think this is one of the most stupid action ever within the EB community. So you think we are not weak enough and want to divide us more?
more...
makemygc
01-24 10:27 PM
Not only the laptop but all your personal items such as purse, camera etc. BOYCOTT UK. These people are racist.
In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.
Boycott UK!!
In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.
Boycott UK!!
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fromnaija
01-16 09:57 AM
Thanks for your reply. Yes you are right but though I had the choice I was not allowed to enter on H1. Now when my AP is expiring on 01/26/2007 would it mean I may go out of status even if I have a valid h1 till 06/01/2007?
No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.
No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.
more...
Leo07
09-23 04:52 PM
I-485 inventory means number of 485 apps they have received or in their DB. ( simple )
I don't think USCIS will( should ) worry about the PERM applications/140-approved applications.IMHO that' be fortune-telling business for USCIS, that so many PERM/140 approvals will directly result into so many 485 applications.
I'm know USCIS trumped us before, but If I were to bet, I'd bet that these are straight-record count off their 485 applications.
Best!
I don't think USCIS will( should ) worry about the PERM applications/140-approved applications.IMHO that' be fortune-telling business for USCIS, that so many PERM/140 approvals will directly result into so many 485 applications.
I'm know USCIS trumped us before, but If I were to bet, I'd bet that these are straight-record count off their 485 applications.
Best!
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Dhundhun
10-07 02:02 PM
Me too. I'll loose money this month.
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house Name: Big Sean - Finally
dontcareanymore
08-07 02:48 PM
I could not resist from writing this post-
A fisherman is selling two baskets full of crabs. One basket has a lid on it, the other doesn’t. An inquisitive buyer asks him why this is so. He smiles, pointing to the covered basket and says, “Well I have to cover this one because if I don’t, the crabs will all climb out”. “Why not the other basket then?” persists the buyer.
“You, see, they’re Indian Crabs - if one tries to climb out, the others will pull it back in, hence there’s no need for a lid”
Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.
I completely agree. If this goes through , the next step is to fight for review of all EB1 and EB2 applications thoroughly for misrepresentations in the job descriptions to make sure the job they do indeed requires masters degree and to make sure same job is not being done by a person with bachelor degree in the industry (Not just same company).
To make sure when they file for the GC they have the real INTENT to work for the company. working for SIX months is not intent. If all the issued green cards are canceled if they don't work for the company, we will have enough numbers for genuine candidates in all groups.
How about even extend this to citizenship ? I have some ideas in that area as well !!
I know a person (used to live in same street) who could not get in to med or engg college. Finishes BSc in life sciences.Stays in university hostel for 7-8 years preparing for job and finishes PHD in life sciences in the process(You know how they go ). Now filed for EB1 and worked for just six months in a university. Now runs an Indian Grocery. How a person running an Indian Grocery is more useful to this country to qualify for EB1 ? He does qualify , if he continues his research, as intended.
A fisherman is selling two baskets full of crabs. One basket has a lid on it, the other doesn’t. An inquisitive buyer asks him why this is so. He smiles, pointing to the covered basket and says, “Well I have to cover this one because if I don’t, the crabs will all climb out”. “Why not the other basket then?” persists the buyer.
“You, see, they’re Indian Crabs - if one tries to climb out, the others will pull it back in, hence there’s no need for a lid”
Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.
I completely agree. If this goes through , the next step is to fight for review of all EB1 and EB2 applications thoroughly for misrepresentations in the job descriptions to make sure the job they do indeed requires masters degree and to make sure same job is not being done by a person with bachelor degree in the industry (Not just same company).
To make sure when they file for the GC they have the real INTENT to work for the company. working for SIX months is not intent. If all the issued green cards are canceled if they don't work for the company, we will have enough numbers for genuine candidates in all groups.
How about even extend this to citizenship ? I have some ideas in that area as well !!
I know a person (used to live in same street) who could not get in to med or engg college. Finishes BSc in life sciences.Stays in university hostel for 7-8 years preparing for job and finishes PHD in life sciences in the process(You know how they go ). Now filed for EB1 and worked for just six months in a university. Now runs an Indian Grocery. How a person running an Indian Grocery is more useful to this country to qualify for EB1 ? He does qualify , if he continues his research, as intended.
tattoo Big Sean – Finally Famous
imneedy
05-19 11:14 AM
Yes it is a concern that I have to address. However I see 2 ways to work around it.
1. Travel out of country get H4 stamping done based on my current H1B status
or
2. I apply for I-485 and add my wife later to the application when we have received her H4. In this case, once I have applied, I can add my wife to the application even if the dates are not current at that time.
If I were you and my priority dates were current, I would go for 1 above [get H-4 stamped ASAP and enter in US and apply for I-485].
1. Travel out of country get H4 stamping done based on my current H1B status
or
2. I apply for I-485 and add my wife later to the application when we have received her H4. In this case, once I have applied, I can add my wife to the application even if the dates are not current at that time.
If I were you and my priority dates were current, I would go for 1 above [get H-4 stamped ASAP and enter in US and apply for I-485].
more...
pictures Another from Big Sean#39;s
veni001
04-05 07:01 AM
Those cases are void at least per DOS. If you look at last month (or prev 6 months) demand data from DOS .
Demand Prior to Jan1st 2006 for EB2 I/C = 0
Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
Demand Prior to Jan1st 2006 for EB2 I/C = 0
Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
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helpful_leo
01-02 02:24 PM
hey walden
for some reason, the pdf file is not opening....I will do the flyer posting wherever I can.....We should also probably write up a mail that can be mass mailed to recruit the many who are affected or may potentially be affcted by this issue, or whose loved ones are affected. We should also do a smart media camapaign- even try to draw attention of network programs like 20/20 or 60 minutes that have a mass impact- to the really tragic situation many ppl are in (esp. one case from the last board comes to mind- of course we have to be ultra-sensitive about privacy and other sensitivities of the individuals involved).....getting the attention of the major networks may not be as far fetched as it seems- much less worthy causes have been championed by these programs.....if we articulate it well to the producers involved, with the right mix of facts and the personal, I believe many will consider it seriously, even though immigration is a complex issue to many....like i said we shd not underestimate the american sense of fairness, and we have a very good cause where we need some of it.....it will appear dreadfully unfair to many that people who have been paying social security taxes for 5-10 years are not even allowed the security of knowing whether they themselves will be eligible for it when they need it! That notion will give a jolt to most unbiased americans who typically associate immigration with people sponging off the system
for some reason, the pdf file is not opening....I will do the flyer posting wherever I can.....We should also probably write up a mail that can be mass mailed to recruit the many who are affected or may potentially be affcted by this issue, or whose loved ones are affected. We should also do a smart media camapaign- even try to draw attention of network programs like 20/20 or 60 minutes that have a mass impact- to the really tragic situation many ppl are in (esp. one case from the last board comes to mind- of course we have to be ultra-sensitive about privacy and other sensitivities of the individuals involved).....getting the attention of the major networks may not be as far fetched as it seems- much less worthy causes have been championed by these programs.....if we articulate it well to the producers involved, with the right mix of facts and the personal, I believe many will consider it seriously, even though immigration is a complex issue to many....like i said we shd not underestimate the american sense of fairness, and we have a very good cause where we need some of it.....it will appear dreadfully unfair to many that people who have been paying social security taxes for 5-10 years are not even allowed the security of knowing whether they themselves will be eligible for it when they need it! That notion will give a jolt to most unbiased americans who typically associate immigration with people sponging off the system
more...
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chanduv23
09-21 09:38 AM
Approved on Sep 10th, got physical cards on Sep 20th. Best wishes to all who are still in the journey.
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redddiv
06-19 08:24 AM
Hi, I am living in Florida. Do I still send the I-485/EAD/AP documents to Nebraska or Texas ? Can some one please tell me.
Regards
Regards
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mrsr
06-27 10:54 PM
if eb based then it is po box number 87485
Great!
This is useful for those who want to send their packet using private service providers such as FedEx.
Ams
Sorry, Editing my post:
This doesn't seem all that useful since you don't have the post box number in there.
Hey, quit playing games with me this time of the night :)
Great!
This is useful for those who want to send their packet using private service providers such as FedEx.
Ams
Sorry, Editing my post:
This doesn't seem all that useful since you don't have the post box number in there.
Hey, quit playing games with me this time of the night :)
desi3933
08-21 04:33 PM
I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
As per your profile
Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007
May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?
One more -
Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
As per your profile
Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007
May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?
One more -
Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?
willgetgc2005
05-03 06:10 PM
Hello,
I have heard of the TERM 'Interfiling' to port your priority date from EB3
to EB2. This i hear happens when your 485 is pending with USCIS and
you have an EB2 labour with current PD date. So you transfer the PD using Interfiling.
Any one any thoughts or have you done this ?
Thank You !
I have heard of the TERM 'Interfiling' to port your priority date from EB3
to EB2. This i hear happens when your 485 is pending with USCIS and
you have an EB2 labour with current PD date. So you transfer the PD using Interfiling.
Any one any thoughts or have you done this ?
Thank You !
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